1378-01-ES Charlene Yoell o/a You and Me 2, Applicant v. Tony London, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 62004980
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; August 30, 2001
Employment Standards Officer Tony London issued Order to Pay No. 61976 on June 22, 2001 (the “Order”). It appears that the applicant submitted payment of the amount required by the Order to the Director and indicated that she was applying for review of the Order but that the documents relating to the application were not attached to the payment. The Board received that material on August 9, 2001, more than 45 days after the date of the Order and therefore after the time prescribed by section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as am. for making an application for review.
After receiving notice of the applicant’s intention to apply for review of the Order, the Registrar of the Board advised the applicant by letter dated August 10, 2001 that the application she had filed was being returned without being processed as it had not been filed on the correct form. The necessary material, including the correct application form, Rules of Procedure and information bulletin was enclosed with that letter. In addition, the letter advised the applicant that her application had to be filed within 10 working days of that letter and went on to state that failure to file the completed form within the time fixed by the Registrar may result in the termination of the application.
As of this date the Board has not received any further material including a completed application for review of the Order in the correct form. As the time for making an application for review has expired and as the applicant has not filed an application in the correct form as directed by the Registrar, this application is dismissed.
Disposition
- This application for review of Order to Pay No. 61976 is dismissed.
“Harry Freedman”
for the Board